The following words and phrases shall have the particular meaning
assigned by this section in the appropriate sections of this chapter.
ACCESS DRIVE
A driveway having a minimum width of 10 feet and a maximum
width of 12 feet intended to provide ingress and egress to an improved
parking area.
ACCESSORY BUILDING
A detached, subordinate building, the use of which is customarily
incidental to that of the principal use and which is located on the
same lot as the principal use.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and which is located on the same lot as the principal
use or building.
ADJACENT or ADJOINING
The state of sharing a common property line, district line
or right-of-way line and, in the case of lots and uses, being separated
by a street or alley.
ADULT BOOKSTORE
Any establishment which has as a substantial or significant
portion of its stock-in-trade:
A.
Books, films, magazines or other periodicals or other forms
of audio or visual representation which are distinguished or characterized
by an emphasis on depiction or description of specified sexual activities
or specified anatomical areas; and/or
B.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
ADULT MASSAGE ESTABLISHMENT
Any establishment or business which provides the services
of massage and body manipulation, including exercises, heat and light
treatments of the body, and all forms and methods of physiotherapy,
unless operated by a medical practitioner, chiropractor, professional
physical therapist, or massage therapist who is both nationally certified
in the therapeutic massage by the National Certification Board for
Therapeutic Massage and Bodywork and who is a professional member
with active status in good standing of the American Massage Therapy
Association.
ADULT MODEL STUDIO
Any place where, for any form of consideration or gratuity,
figure models who display specified anatomical areas are provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by persons paying such consideration or gratuity,
except that this provision shall not apply to any "figure studio"
or "school of art" or similar establishment which meets the requirements
established in the Education Code of the Commonwealth of Pennsylvania
for the issuance or conferring of, and is in fact authorized thereunder
to issue and confer, a diploma.
ADULT MOTION-PICTURE THEATER OR ARCADE
Any place to which the public is permitted or invited for
presenting any form of audio or visual material, including coin- or
slug-operated or electronically or mechanically controlled still or
motion picture machines, projectors or other image-producing devices,
and in which a substantial portion of the total presentation time
measured on an annual basis is devoted to the showing of material
which is distinguished or characterized by an emphasis on depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT THEATER OR CABARET
A nightclub, theater, bar, concert hall, auditorium or other
establishment, either indoor or outdoor, which features live or media
representations of performances by topless or bottomless dancers,
go-go dancers, exotic dancers, strippers or similar entertainers,
where such performances are distinguished or characterized by an emphasis
on specified sexual activities or specified anatomical areas.
ADULT USE
Any of the following, either alone or in combination with
any other use, and any other business or establishment which offers
its patrons services or entertainment characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas.
A.
An establishment having as a substantial or significant portion
of its stock-in-trade, or in which are displayed or viewed, magazines,
periodicals, books, drawings, photographs, videos, paraphernalia or
other materials that are distinguished or characterized by their emphasis
on depicting, describing or displaying sexual activities or conduct
or exposed male or female genital areas.
B.
An establishment or place of assembly to which the public is
permitted or invited:
(1)
Which has all or a substantial or significant portion of its
stock-in-trade consisting of any the following items, whether alone
or in combination:
(a)
Books, magazines or other periodicals as well as films or other
forms of audio or visual representation that are distinguished or
characterized by an emphasis on depiction, description or display
of sexual activities or conduct or exposed male or female genital
areas; and/or
(b)
Instruments, devices or paraphernalia which are designed primarily
for use in connection with sexual activities or conduct.
(2)
Wherein coin- or slug-operated or electronically or mechanically
controlled still or motion picture machines, projectors or other image-producing
devices are maintained to show images, with or without sound, where
the images so displayed are distinguished or characterized by an emphasis
on depiction, description or display of sexual activities or conduct
or exposed male or female genital areas;
(3)
Which features male and/or female entertainers who engage in
activities such as topless or bottomless dancing or stripping, or
persons whose performance or activities include simulated or actual
sex acts; and/or
(4)
Which offers its patrons any other retail goods, services or
entertainment which is characterized by an emphasis on matter or activities
relating to, depicting, describing or displaying sexual activity or
conduct or exposed male or female genital areas.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development or permit, including his heirs,
successors, assigns and agents.
AREA
The two-dimensional measurement of space between known lines
or boundaries.
A.
BUILDING AREAThe total area of all buildings (principal and accessory) taken on one or more horizontal planes that are directly between the ground and the sky, exclusive of awnings, terraces and steps (e.g., top view).
B.
FLOOR AREAThe sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, basement, bedroom, bathroom, family room closets, hallways, stairways and foyers, but not including cellars or attics, service or utility rooms, nor unheated areas such as enclosed porches. For purposes of this definition, "floor area" does not include unfinished cellars and attics.
C.
LOT AREAThe total surface area contained within the property lines of a lot, exclusive of public and private street rights-of-way.
BED-AND-BREAKFAST
A residential structure providing lodging, managed by a resident
manager, for transient overnight guests. Such lodging may include
common eating facilities for the provision of meals to the guests.
Neither a rooming house use nor a student dwelling use are a bed-and-breakfast
use.
BUILDING
Any structure with a roof, whether open or enclosed, intended
for shelter or enclosure of persons, animals or property.
C.
ATTACHEDA building which has two or more party walls in common.
BUILDING HEIGHT
A building's vertical measurement from the mean level of
the ground at the corners of the building to the highest point of
the building, excluding any antennas or other appurtenances.
CONDITIONAL USE
A use permitted in a particular district pursuant to the provisions in Article
VI of the Pennsylvania Municipalities Planning Code and in accordance with §
210-72 of this chapter and for which an application for conditional use has been approved by the Borough Council.
CONDOMINIUM
Real estate, portions of which, in accordance with the provisions
of the Pennsylvania Uniform Condominium Act of 1980, are designated for separate ownership, and the remainder
of which is designed for common ownership solely by the owners of
those portions.
CONVENIENCE STORE
A business which involves the retail sales and/or rental
of household products and foods and one or more of the following activities:
A.
Retail sales or rental of books, magazines, videos, software
and video games, provided that adult uses are expressly prohibited;
B.
Restaurants, including drive-through or fast-food operations;
D.
Photomats and film development dropoff sites;
E.
Laundry, dry cleaning and tailoring dropoff sites;
G.
Dispensing of automobile fuels and compressed air, and retail
sale of oil, washer fluid, and other auto-related items;
I.
Post offices and other parcel delivery dropoff sites.
DAY-CARE SERVICES FOR CHILDREN (DAY CARE)
Provision of out-of-home care for part of a twenty-four-hour
day to children under 16 years of age, excluding care provided by
relatives, day care furnished in places of worship during religious
services and day care for three or fewer children provided at an established
residence and conducted in a manner that meets the requirements for
a home occupation.
A.
FAMILY DAY-CARE HOMEEstablished residence in which day care is provided at any one time to four to six children who are unrelated to the caregiver.
B.
GROUP DAY-CARE HOMEEstablished residence in which day care is provided at any one time to seven to 12 children.
C.
DAY-CARE CENTERFacility, other than an established residence, where day care is provided.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land, a land development or a use requiring zoning approval.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
DISTRICT
A land area with designated boundaries as indicated on the
Zoning Map and within which certain uniform requirements apply under
the provisions of this chapter.
DWELLING
Any building or portion thereof designed and used exclusively
for residential occupancy, including those listed below, but not including
hospitals and nursing homes; hotels and motels; boardinghouses, rooming
and lodging houses; institutional houses; and tourist courts and the
like, offering overnight accommodations for guests or patients.
A.
SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family. Mobile and modular homes designed and constructed in accordance with the Uniform Construction Code can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile and/or modular home is securely anchored to the permanent foundation, and all of the apparatus used to transport the unit are removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings.
B.
MOBILE HOMEA transportable, single-family dwelling contained in one or more units designed to be joined into one integral unit, capable of being separated for repeated towing and which arrives on a site on its own chassis, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation, subject to the Pennsylvania Industrialized Housing Act and the Federal Mobile Home Construction and Safety Standards Act.
D.
TOWNHOUSEA building containing between three and six dwelling units, each under single ownership, arranged in a side-by-side configuration with two or more common walls.
E.
TWO-FAMILYA freestanding building containing two dwelling units for two families, arranged in a side-by-side or over-and-under configuration.
DWELLING, STUDENT
A dwelling occupied exclusively or primarily by three or
more persons, unrelated by blood, who are attending undergraduate
or graduate programs or who are on semester or summer break from such
studies. Student dwelling units shall be considered as single-family,
two-family or multiple-family dwelling units, as appropriate, unless
otherwise specified by this chapter.
EASEMENT
An interest in land owned by another person, consisting in
the right to use or to control use of land, or areas above or below
it, for a specific limited purpose. The grant of an easement reserves
to the owner of the land all other incidents of ownership.
FAMILY
Any one of the following:
A.
A single individual occupying a dwelling unit and maintaining
a household.
B.
Two or more persons related by blood, marriage, adoption or
other decree of legal union or custody occupying a dwelling unit and
maintaining a common household.
C.
Not more than two unrelated persons occupying a dwelling unit
and maintaining a common household, provided that:
(1)
In any district, "family" also means minor dependent children
of one or both of the unrelated persons;
(2)
In the R-2 District, "family" also means not more than three
unrelated persons occupying a dwelling unit and maintaining a common
household; and
(3)
In the R-3 District, "family" also means not more than four
unrelated persons occupying a dwelling unit and maintaining a common
household.
D.
Not more than five unrelated persons who are the functional
equivalent of a family in that they live together, participate in
such activities as meal planning, shopping, meal preparation, and
the cleaning of their dwelling unit together, and who are part of
a community-based residential home that qualifies as a community living
arrangement licensed by the Pennsylvania Department of Public Welfare
or other appropriate federal or state agency having jurisdiction,
where the persons occupying the home are handicapped persons under
the terms of the Fair Housing Amendments Act of 1988, and where the
operator of the home provides room and board, personal care, rehabilitative
services, and supervision in a family environment. The presence of
staff persons in a home meeting this definition shall not disqualify
the group of persons occupying the dwelling unit as a "family."
E.
For purposes of this definition, "common household" means living,
dining, cooking and bathroom spaces are shared or intended to be shared
by the occupants occupying a single dwelling unit.
F.
For purposes of this definition, "full bathroom" means a plumbed
room equipped with a commode, wash basin and tub or shower.
GASOLINE SERVICE STATION
An area of land, together with any structures thereon, used
for the retail sale of motor fuel and lubricants and incidental services
such as lubrication and hand washing of motor vehicles and sale, installation
or minor repairs of tires, batteries and similar vehicle accessories,
but not including sale, installation, repair or service of engines,
transmission, radiators and similar vehicle components, collision
repair, vehicle storage (whether operable or inoperable), towing or
inspection.
HOME OCCUPATION
An occupation customarily conducted within a dwelling unit
that is clearly incidental and secondary to the residential use of
the dwelling. The following uses are expressly prohibited as home
occupations: day-care facilities; tourist homes; wholesale sales;
storage or mail order activities in which goods are distributed from
the dwelling or property; the repair, servicing, storage or rental
of motor vehicles; offices of medical practitioners; and machine and
welding shops.
IMPROVEMENT
Any structure or paving placed upon land, including the provision
of underground or aboveground utilities, as well as any physical change
to the surface of the land, including but not necessarily limited
to grading, paving, the placement of stormwater management facilities,
sidewalks, street signs, traffic control devices, and monuments. This
definition expressly excludes the tilling of soil for planting.
JUNK
Used materials, discarded materials, or both, including,
but not limited to, wastepaper, rags, metal, building materials, house
furnishings and appliances, machinery, disabled vehicles or parts
thereof, all of which are being stored awaiting potential reuse or
ultimate disposal. For the purposes of this definition, a disabled
vehicle is a vehicle intended to be self-propelled that does not have
a valid current registration plate or certificate of inspection or
is not operable under its own power for any reason or is without intact
and operable tires, doors, windows and noise management components.
JUNKYARD
An area of land, with or without buildings, used for the
storage outside a completely enclosed building of used and discarded
materials, including but not limited to wastepaper, rags, metal, building
materials, house furnishings, appliances, machinery, disabled vehicles
or parts thereof, with or without the dismantling, processing, salvage,
sale or other use or disposition of same.
KENNEL
A structure or part thereof used for the purpose, for compensation,
of raising, breeding, training or boarding of dogs, cats and other
domesticated animals permitted to be kept in the Borough.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of the occupants
or tenure; or
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
C.
In accordance with Section 503(1.1) of the Pennsylvania Municipalities
Planning Code, the following activities are excluded from the definition
of land development:
(1)
The conversion of an existing single-family detached dwelling,
two-family dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium.
(2)
The addition of an accessory building on a lot or lots subordinate
to an existing principal building; provided, however, that the addition
of a nonresidential building does not:
(a)
Exceed a total square footage of 1,000 square feet or 10% of
the principal nonresidential building's square footage, whichever
is less, as existed as of any addition of an accessory building or
buildings made following the effective date of this chapter;
(b)
Create negative stormwater impacts on existing stormwater facilities
or on neighboring properties;
(c)
Require the construction of additional access drive(s); and
(d)
Relieve the need for DEP sewer planning module or exemption.
(3)
The addition or conversion of buildings, structures or rides
within an amusement, theme and/or zoo park.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he or
she is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
A.
LOT, CORNERA property having street frontage along two or more contiguous sides or along a single curved street with an interior angle of less than 135° as measured along the interior edge of the street right-of-way, or in the event of no right-of-way, along the interior edge of the cartway.
C.
LOT, THROUGH/REVERSE FRONTAGEA lot, other than a corner lot, having frontage on two parallel or approximately parallel streets with vehicular access solely from the street of lesser functional classification.
LOT COVERAGE
For purposes of regulation under this chapter, a percentage
of the lot area which may be covered with buildings, decks, porches,
swimming pools, sheds, garages and gazebos, including any portion
thereof elevated above grade.
LOT LINE
A recorded boundary line of a lot; however, any edge of an
adjoining street or other public or quasi-public right-of-way shall
be interpreted as the lot line for the purposes of determining the
location of the setbacks required by this chapter.
B.
LOT LINE, REARLot lines that are formed at the outermost edge of any rear yard as defined herein.
C.
LOT LINE, SIDELot lines that are formed at the outermost edge of any side yard as defined herein.
LOT WIDTH
The horizontal distance measured between side property lines
along the minimum front yard setback line and at the street right-of-way
line. On corner lots, lot width shall be measured between the right-of-way
line for the nonaddress street and the directly opposite property
line along the minimum front yard setback line and at the street right-of-way
line along the street of address.
MANUFACTURING
A.
HEAVYAny manufacturing use not encompassed by the definition of light manufacturing.
B.
LIGHTThe assembly, fabrication, manufacture, production or processing of goods or products where no process involved produces noise, vibration, air pollution, fire hazard or emissions measurable at the property line.
MASSAGE PARLOR
An enclosed building or enclosed area within a building in
which the only service offered or provided to patrons consists of
body massages, body rubs or other physical manipulation of the patron's
body, but shall not be construed to include chiropractic or osteopathic
professional practices.
MASSAGE THERAPIST
A person, other than those licensed by the Commonwealth of
Pennsylvania as medical physicians, osteopaths or chiropractors, trained
in the use of massage to relieve bodily tension or muscular discomfort,
provided such person provides the Borough with documentation of his
or her training degree or certification.
MEDICAL CLINIC
A professional office use that provides outpatient health
services, including dental, orthopedic, chiropractic, psychological
and psychiatric services, but excluding retail pharmacies, retail
medical suppliers, insane asylums and similar institutions, and penal
or correctional institutions.
MOBILE HOME CLUSTER
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
residential use.
MOTOR VEHICLE REPAIR FACILITY
A use providing any or all of the following services:
A.
Collision service, including body, fender and frame repair;
painting and refinishing; and window glass replacement.
B.
Repair and overhaul of engines, transmissions, differentials,
axles, clutches, radiators and related items.
C.
Incidental storage of motor vehicles (whether operable or inoperable)
or motor vehicle parts intended for providing replacement parts, provided
that such vehicles and parts are screened from the public view.
D.
Operations services including:
(1)
Tire repair, balancing and alignment;
(2)
Minor repair and tune up;
(3)
Incidental sales of parts, accessories and lubricants;
NONCONFORMING BUILDING OR STRUCTURE
A building or structure or part thereof which lawfully existed
prior to the adoption or amendment of this chapter or its predecessors,
but which fails to comply with applicable requirements of the district
in which it is located by reasons of such adoption or amendment. Such
nonconforming structures include, but are not limited to, nonconforming
signs.
NONCONFORMING LOT
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of this chapter or its predecessors, but
which fails to conform to the requirements of the district in which
it is located by reasons of such adoption or amendment.
NONCONFORMING USE
A use, whether of land, building or structure, which was
lawful prior to the adoption or amendment of this chapter or its predecessors,
but which fails to conform to the requirements of the district in
which it is located by reasons of such adoption or amendment.
NONCONFORMITY, DIMENSIONAL
Any aspect of a land use, building or structure which was
lawful prior to the adoption or amendment of this chapter or its predecessors,
but which fails to comply with any size, height, bulk, setback, distance,
landscaping, coverage, screening, parking or any other design or performance
standard specified by this chapter, excepting when such nonconformity
is the result of the acquisition of land and/or rights-of-way by a
governmental agency.
OFFICE
A building or a space in a building, the primary use of which
is the conduct of the affairs of a business, profession, service or
government, including administration, recordkeeping, clerical work,
and similar business functions. An office shall not involve manufacturing,
fabrication, production, processing, assembling, cleaning, testing,
repair or storage of materials, goods or products, except that office
supplies necessary for the operation may be stored as an incidental
use. An office shall only involve the incidental sales or delivery
of any materials, goods or products physically located on the premises.
OFF-STREET PARKING
An accessory use in which required and potentially additional parking spaces are provided subject to the requirements listed in §
210-27 of this chapter.
PARKING LOT, COMMERCIAL
A lot or structure whose principal use is the parking or
storage of motor vehicles, other than commercial and public utility
vehicles, for specified time periods or on a rental basis, but not
including the storage of towed, inoperable or impounded motor vehicles,
recreational vehicles or marine vehicles.
PERSONAL SERVICES
Frequent or recurrent needed services of a personal nature
which do not involve primarily retail sales of goods or professional
services, including, as example, a hairdresser, barber, tailor, shoe
repair or masseuse, but not including tattoo artists.
PRINCIPAL USE
The primary or predominant use to which property is devoted.
PROFESSIONAL SERVICES AND OFFICES
Services recognized by the general public as the practice
of a profession for gain and livelihood in a field subject to license
or registration through and regulation by the laws of the commonwealth
and requiring special knowledge, skill, education, training and expertise,
including, as example, an accountant, architect, attorney, dentist,
engineer, insurance agent, medical or osteopathic doctor, and surveyor,
but not an artist or musician.
RENTAL STORAGE BUILDING
A structure containing separate, individual and private spaces
of varying sizes that are leased or rented on an individual basis
for various periods of time.
RIGHT-OF-WAY
An area that may or may not be secured for public use and
which may, but need not be, improved with streets, utilities, stormwater
management facilities, traffic control facilities, curbs, sidewalks,
bicycle lanes or paths, streetlights and similar improvements for
public benefit or enjoyment.
ROOMING HOUSE
A dwelling that has more than four sleeping rooms for rent
to persons not related to its other occupants. The term "rooming house"
includes the term "boardinghouse." A rooming house is not a bed-and-breakfast
or student housing.
SCREENING
Except as otherwise provided in this chapter, a fence, wall
or landscaping at least six feet in height and placed on the property
in such manner as to effectively block a line of sight.
SENIOR HOUSING
A structure and/or facility with dwelling units that are
specifically designed for and occupied by elderly persons 55 and over
which provides supportive residential services which may include housekeeping,
twenty-four-hour emergency call system, exercise programs, beauty
salon, local transportation, laundry facilities, multipurpose and
community rooms, and recreational programs, together with accessory
uses customarily incidental to senior living.
[Added 11-3-2015 by Ord.
No. 2015-810]
SETBACK
The required horizontal distance between the closest part
of a building, excluding roof overhangs, structure or use and, in
the case of a front yard, all adjoining right-of-way lines; in the
case of a side yard, all side lot lines; and in the case of a rear
yard, all rear lot lines.
A.
SETBACK, FRONTThe distance between the street line and the front building setback line projected the full width of the lot. Commonly called "required front yard."
B.
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."
C.
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."
SIGN
A device used for visual communication that is used to bring
the subject to the attention of the public from an adjoining road
or adjoining property standing at grade.
A.
Sign types:
(1)
BILLBOARDAn off-premises sign which directs attention to a product, service, business or cause.
(2)
CANOPY SIGNA sign that is incorporated into an awning or canopy that is attached to the building.
(3)
FLAT WALL SIGNA sign that is attached to the wall of a building and whose face runs parallel to the wall to which it is attached and does not extend beyond the outside of the edges of the wall in any direction.
(4)
FREESTANDING SIGNA sign that has a separate support structure and is not physically attached to a building.
(5)
PORTABLE SIGNA moveable sign constructed with an integral support structure and not permanently attached to a building or support structure. The definition of portable sign does not include a sandwich board sign.
(6)
PROJECTING WALL SIGNA sign whose support structure is attached to the wall of a building and whose face either runs generally perpendicular to the wall or extends beyond the outside edges of the wall to which it is attached.
(7)
SANDWICH BOARD SIGNA moveable sign constructed with an integral support structure and which is not physically attached to a building, is of a size that can be easily moved by a single person, and is erected only during those times the business or activity to which it relates is open or in operation.
(8)
WINDOW SIGNA sign that is either located on the inside or outside surface of a window but whose message faces outward.
B.
The term "sign" includes, but is not limited to:
(1)
Lettering, logos, trademarks and other symbols that are an integral
part of the architectural design of a building, which are applied
to a building or which are located elsewhere on the premises;
(2)
Signs that are affixed to windows or glass doors or are otherwise
internally mounted such that they are legible from an adjoining road
or adjoining property;
(3)
Insignia of civic, charitable, religious, fraternal, patriotic
and similar organizations;
(4)
Insignia of governments and government agencies;
(5)
Banners, pennants and similar objects, but not including tinsel
or similar reflective material;
(6)
Inflatable objects as a temporary and special promotional device;
(7)
Paintings applied to exterior building walls; and
(8)
Other objects or their use specifically associated with the
subject of the sign.
C.
The term "sign" shall not include the following:
(1)
Architectural features that may be identified with a particular
business;
(2)
Paintings affixed to windows;
(3)
Backlit awnings that include no lettering, logos or other symbols;
(4)
Signs within a building that are obviously intended to be seen
primarily from within the building;
(5)
Outdoor signs intended to be seen only within a property, such
as menu signs for fast-food restaurant drive-through lanes, provided
such signs are not legible from an adjoining road or adjoining property;
(6)
Signs with regulations within a park, provided such signs are
not legible from an adjoining road or adjoining property;
(7)
Identification of a building's name, owner, architect, use or
date of construction that has been permanently inscribed or inserted
on a building's front facade prior to adoption of this chapter;
(8)
Flags of governments or government agencies, schools, churches
and veterans organizations;
(9)
Decorative seasonal and holiday banners on residential properties;
and
(10)
Display of merchandise either behind store windows or outdoors.
SPECIAL EXCEPTION
A use permitted in a particular district pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code and in accordance with the provisions of §
210-67B of this chapter and approved by the Zoning Hearing Board.
SPECIFIED ANATOMICAL AREA
Less than completely covered or opaquely covered human genitals,
pubic area, buttocks, and female breasts below a point immediately
above the top of the areola, and male genitalia in a discernibly turgid
state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Human genitalia in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse or sodomy; or fondling
or other erotic touching of human genitals, pubic region, buttocks
or female breasts.
STORY
That part of a building between the surface of any floor
and the next floor above it or, in its absence, the finished ceiling
or roof above it. A "split level" story shall be considered a second
story if its floor level is six feet or more above the level of the
line of the finished floor next below it. Any floor under a sloping
roof at the top of a building that is more than two feet below the
top plate shall be counted as a half story. A basement shall be counted
a story if it averages more than five feet above grade.
STREET
A street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways used or intended to be used
by vehicular traffic or pedestrians, whether public or private, but
not including driveways and access drives.
STRUCTURE
Any man-made object, including buildings, having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land, excluding stormwater management retention/detention basins
and related inlet and/or outlet devices, sidewalks, driveways leading
directly to a public street, and public utility lines and appurtenances.
Structures shall not include such things as sandboxes, decorative
fountains, swing sets, birdhouses, bird feeders, mailboxes, and any
other similar nonpermanent improvements.
A.
STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).
STUDENT
A person registered to be enrolled or who is enrolled and
matriculating at Clarion University or who is on a semester or summer
break from such studies or an emancipated person registered to be
enrolled or who is enrolled in and matriculating at a secondary school.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership, or building
or lot development. The subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
USE
The specific purpose(s) for which land or a structure is
designed, arranged, intended, occupied or maintained.
VARIANCE
Relief granted pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code upon application to the Zoning Hearing Board.
YARD
An area between the permitted structures and the property
lines.
A.
YARD, FRONTThe area contained between the principal structure and the street right-of-way line. On corner lots, the front yard shall be the area contained between the principal structure and each adjoining streets. On through lots that are not corner lots, the front yard shall be the area contained between the principal structure and the adjoining street of address.
B.
YARD, REARThe area contained between the principal structure and the property line directly opposite the street of address.
C.
YARD, SIDEThe area contained between a principal structure and any side lot line. On corner lots, the side yard shall be the area contained between the principal structure and the property line directly opposite the nonaddress street.